Legal Question in Technology Law in California

Is UltraSurf, an Internet censorship circumvention software, illegal in the United States? It is from UltraReach, and is funded by the Broadcasting Board of Governors.


Asked on 8/08/14, 5:22 pm

1 Answer from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

I don't know of any reason why it would be illegal, but I suppose it could be. That seems unlikely. The answer will depend upon exactly what the software does. UltraSurf was designed to circumvent the "Great Firewall of China" and other foreign censorship tools. My understanding is that the government helped develop it, which suggests that it doesn't inherently violate U.S. law.

But like anything else, it could surely be used in illegal ways. For example, there might be ways it could be used for cyber espionage, or to cover your tracks while you negotiate drug deals. Those acts would be illegal whether you used UltraSurf or not. The reason they're criminal is not because they could be done with particular software.

Only somebody who knowingly uses the software to commit an illegal act would be breaking the law. (To be clear, he wouldn't have to know the act is illegal. He would only have to know he's doing it.) Putting it to legitimate use would not be a crime, and neither would unintentionally using some improper features. Merely owning or installing it should not pose any legal problems.

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Answered on 8/08/14, 5:55 pm


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